If you get hit by a car and feel like the driver was acting negligently, you probably want to hold them accountable and sue for damage. What happens if you were jaywalking at the time though? If you were not actually in a crosswalk, would you lose your chance at making a personal injury claim? Not necessarily, but your behavior at the time of an accident can complicate matters. A Queens pedestrian accident attorney from our firm can take a look at your case and tell you more about your legal options.
What is Jaywalking?
It is considered jaywalking any time you cross a street outside of a designated crosswalk. It is quite common behavior in big cities, especially in New York where everyone is in a rush much of the time. As a result, many motorists do know to look out for pedestrians no matter where they are. However, jaywalking is still technically illegal. That means that finding out who is to blame for an accident involving a motorist and a jaywalker can get a bit confusing.
Does Jaywalking Make an Accident My Fault?
Since you were in the wrong for jaywalking, that does mean that the accident will probably be considered at least partially your fault. However, this does not bar you from suing for damages. New York uses a comparative negligence law. This means that you can still collect damages even if you are partly to blame for an accident.
A seasoned personal injury lawyer from our firm can examine the evidence and help you build a case. Yes, you may have been jaywalking, but if the driver was speeding, driving under the influence, or ignoring road signs, they could be more to blame for the accident than you were. Do not just assume that you would be ineligible to pursue a case because you were jaywalking.
How Long Do I Have to Sue After a Pedestrian Accident?
New York does limit the amount of time you have to act when you have been injured in an accident. The statute of limitations is three years. A lawyer from our firm would be happy to get the legal process started for you.
What Kind of Damages Can I Win in a Lawsuit?
Your compensation offer should make up for the injuries you suffered, the monetary costs of the accident, and the pain that you went through as a result. You should win:
Economic damages: These cover costs like medical bills and the paychecks you missed out on while recovering from your injuries.
Non-economic damages: These make up for the things that are harder to quantify, like mental anguish and pain and suffering.
Just remember that, due to the state’s comparative negligence rule, your settlement will be reduced based on your perceived fault. So if you win $200,000 but you are considered 40% at fault, you would receive 60% of the damages awarded, or $120,000.
Contact Our Law Firm
If you are ready to make your personal injury claim, contact the Law Offices of George Poulos. We can help you fight for the compensation you deserve, even if you are partially at fault.